People v. Aponte

Appellate Division of the Supreme Court of New York

People v. Aponte

162 A.D.2d 299, 1990 N.Y. App. Div. LEXIS 7413

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1990

StatusPublished

Cited by1 cases

This text of 162 A.D.2d 299 (People v. Aponte) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Aponte, 162 A.D.2d 299, 1990 N.Y. App. Div. LEXIS 7413 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (Angela Mazzarelli, J.), rendered on October 18, 1988, convicting defendant, upon his plea of guilty, of attempted sodomy in the first degree and sentencing defendant to a term of imprisonment of from 3 Vs to 10 years, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. (People v Farrar, 52 NY2d 302, 305.)

Further, defendant was sentenced in accordance with his [300]*300plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889, 890, Iv denied 72 NY2d 918.) Concur—Kupferman, J. P., Ellerin, Wallach and Smith, JJ. [See, 163 AD2d 213.]

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Judgment, Supreme Court, New York County (Angela Mazzarelli, J.), rendered on October 18, 1988, convicting defendant, upon his plea of guilty, of attempted sodomy in the first degree and sentencing defendant to a term of imprisonment of from 3 Vs to 10 years, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. (People v Farrar, 52 NY2d 302, 305.)

Further, defendant was sentenced in accordance with his [300]*300plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889, 890, Iv denied 72 NY2d 918.) Concur—Kupferman, J. P., Ellerin, Wallach and Smith, JJ. [See, 163 AD2d 213.]

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Bluebook (online)

162 A.D.2d 299, 1990 N.Y. App. Div. LEXIS 7413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aponte-nyappdiv-1990.

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